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I've been in a few accidents and have never been charged nor seen anyone else charged. If killing someone in an accident is murder, surely injuring someone in

by fleitz 12y ago

I've been in a few accidents and have never been charged nor seen anyone else charged. If killing someone in an accident is murder, surely injuring someone in an accident is assault.

sjtrny 12y ago
Battery not assault http://en.m.wikipedia.org/wiki/Battery_(crime) http://en.m.wikipedia.org/wiki/Battery_(crime). It's not murder if it's an accident. Maybe manslaughter.
- roel_v 12y ago
  "It's not murder if it's an accident. Maybe manslaughter." Depends on state law. Might be 2nd degree murder, depending on how you define "accident".
aidenn0 12y ago
IANAL, but: Accidentally killing someone is rarely, if ever, murder[1]. It is potentially manslaughter if it happened while committing a minor offense, or doing something particularly reckless[2]. Injuring someone would be battery, not assault, and similarly intent is needed. As far as I know, accidentally injuring someone is not criminal, unless the accident happened due to reckless disregard for others' safety. [1] Depending on the state, 2nd degree murder is possible if your actions showed depraved indifference to human life. In other jurisdictions this would be considered manslaughter [2] IIRC states differ on whether or not a non-misdemeanor traffic violation is enough to consider a homicide to be manslaughter. I think that in most states an unintentional homicide that resulted from committing a misdemeanor is considered manslaughter. Furthermore states differ on which moving violations are misdemeanors. Also some states have vehicular manslaughter laws, which I know nothing about.
- fleitz 12y ago
  Yes, this is what I mean, no one is charged when accidents happen as long as people were acting reasonably.
soneil 12y ago
It varies. In the UK we have the charge "Causing death by dangerous driving". Simply defined "A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence." Note there's no nod to accidents there. If you're speeding, if you're making lane changes without looking. If you're entering spaces designated for cyclists, or pedestrians; then it's not an honest accident. An accident, yes, but a criminal one, not an honest one.

by fleitz 12y ago

I've been in a few accidents and have never been charged nor seen anyone else charged. If killing someone in an accident is murder, surely injuring someone in an accident is assault.

sjtrny 12y ago

Battery not assault http://en.m.wikipedia.org/wiki/Battery_(crime) http://en.m.wikipedia.org/wiki/Battery_(crime). It's not murder if it's an accident. Maybe manslaughter.

roel_v 12y ago
"It's not murder if it's an accident. Maybe manslaughter." Depends on state law. Might be 2nd degree murder, depending on how you define "accident".

aidenn0 12y ago

IANAL, but: Accidentally killing someone is rarely, if ever, murder[1]. It is potentially manslaughter if it happened while committing a minor offense, or doing something particularly reckless[2]. Injuring someone would be battery, not assault, and similarly intent is needed. As far as I know, accidentally injuring someone is not criminal, unless the accident happened due to reckless disregard for others' safety. [1] Depending on the state, 2nd degree murder is possible if your actions showed depraved indifference to human life. In other jurisdictions this would be considered manslaughter [2] IIRC states differ on whether or not a non-misdemeanor traffic violation is enough to consider a homicide to be manslaughter. I think that in most states an unintentional homicide that resulted from committing a misdemeanor is considered manslaughter. Furthermore states differ on which moving violations are misdemeanors. Also some states have vehicular manslaughter laws, which I know nothing about.

fleitz 12y ago
Yes, this is what I mean, no one is charged when accidents happen as long as people were acting reasonably.

soneil 12y ago

It varies. In the UK we have the charge "Causing death by dangerous driving". Simply defined "A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence." Note there's no nod to accidents there. If you're speeding, if you're making lane changes without looking. If you're entering spaces designated for cyclists, or pedestrians; then it's not an honest accident. An accident, yes, but a criminal one, not an honest one.